What is the scope of compensation for property infringement damage?
1。 Property loss refers to the direct loss of vehicles and property caused by road traffic accidents, and should also include on-site rescue (insurance) and personal injury treatment expenses, but does not include the indirect loss of property caused by shutdown, production suspension and business suspension.
2。 Facilities refer to road safety facilities and other facilities on and near the road, such as electricity, water conservancy facilities, houses, trees and flowers, etc.
3。 Repair. Vehicles, articles and facilities damaged by the accident shall be repaired and restored to their original state. The restoration is mainly in situ, and the original state is restored as much as possible, that is, the function, shape and value have not changed much.
4。 Discount compensation. Vehicles, articles and facilities damaged by the accident cannot be repaired and need to be compensated at a discount. When discounting, the original value, the old and new market price of the original value and the residual value should be calculated for discount compensation.
5。 Livestock are injured but have not lost their use value, and should be treated on the spot; Loss of use value or death due to injury, the relevant departments to assess and identify, discount compensation.
6。 Compensation in kind. Upon mutual agreement, compensation shall be made in kind of the same or similar kind and quality.
How to determine the jurisdiction of damage compensation disputes
Disputes over compensation for property damage are divided into real estate and movable property. Disputes over compensation for damage to real estate shall be under the exclusive jurisdiction of the people's court where the real estate is located. Zhaofa. Com reminds you that disputes over compensation for movable property damage are governed by general geographical jurisdiction, which is generally under the jurisdiction of the people's court in the place where the infringement causing movable property damage is committed or the defendant's domicile or location.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 21 of the Civil Procedure Law
A civil action brought against a citizen shall be under the jurisdiction of the people's court of the defendant's domicile; If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence. A civil lawsuit brought against a legal person or other organization shall be under the jurisdiction of the people's court where the defendant is domiciled. Where the domiciles and habitual residences of several defendants in the same lawsuit are under the jurisdiction of two or more people's courts, they shall be under the jurisdiction of each people's court.